National security is the first duty of Government. Britain as a country continues to have global responsibilities and global ambitions. We will remain a first rate military power.

National security depends upon economic security, and vice versa. Bringing the defence programme back into balance has required some tough decisions but is a vital part of both how we tackle the deficit and how we protect our national security.

Faced with these challenges, the Government has been determined to make the right decisions for the long-term defence and prosperity of the country.

This Review will equip us with modern defences: Armed Forces and equipment fit for the 21st century; strong security and intelligence agencies; and diplomats and development aid which can help us prevent threats before they become a reality. We will double the amount of aid we spend in conflict countries, tackling threats at their source.

The British Government will continue to invest in their security and intelligence agencies. They will also establish a transformative national programme to protect ourselves in cyberspace, backed by £650m of new funds.

Remedial order under the Human Rights Act 1998 makes changes to stop and search powers legislation.

The Home Secretary announced on 26 January the findings from the review of counter-terrorism and security powers. One of the recommendations of the review was that stop and search powers under sections 44-47 of the Terrorism Act 2000 should be repealed and replaced with a much more limited power.

This recommendation was based on the Government’s commitments to introduce safeguards against the misuse of terrorism legislation, and in order to bring the powers into line with the European Convention of Human Rights, following the European Court of Human Rights ruling in the case of Gillan and Quinton v United Kingdom.

The recommendation is being implemented by provisions in theProtection of Freedoms Billwhich was introduced to Parliament on 11 February. The review also recommended that consideration be given to whether the new counter-terrorism stop and search powers should be available more quickly than the Protection of Freedoms Bill would allow. On 1 March 2011 the Home Secretary announced that she had concluded that the police do need the powers more quickly than the Bill would allow.

Remedial order

The Home Secretary has therefore made a “remedial order” under section 10 of the Human Rights Act 1998 to make immediate changes to the legislation. The new powers contained in that order are supported by a robust statutory Code of Practice.

The remedial order replaces sections 44 to 47 of the Terrorism Act 2000 with a more targeted and proportionate power. The provisions in the order will cease to have effect on the coming into force of the similar provisions in the Protection of Freedoms Bill – in other words, the order makes temporary provision while the Protection of Freedoms Bill is being taken through Parliament. The order will come into force on 18 March.

The Home Secretary’s recent review of counter terrorism and security powers recommended a reduction in the maximum period of pre charge detention for terrorist suspects from 28 to 14 days. To deal with any exceptional circumstances the review also recommended the publication of draft emergency legislation which could be introduced where more than 14 days was considered necessary, which would temporarily increase the maximum period back to 28 days. Draft legislation was published on 11 February and is available to download below.

Review of counter-terrorism and security powers

These documents published follow the review of counter-terrorism and security powers. The Home Secretary announced the outcome of the review to Parliament on 26 January 2011.

RIPA is the law governing the use of covert techniques by public authorities.

It requires that when public authorities – such as the police or government departments – need to use covert techniques to obtain private information about someone, they do it in a way that is necessary, proportionate, and compatible with human rights.

When RIPA applies

RIPA applies to a wide-range of investigations in which private information might be obtained.

Cases in which it applies include:

Terrorism

Crime

Public safety

Emergency Services

What RIPA does

RIPA's guidelines and codes apply to actions such as:

Intercepting communications, such as the content of telephone calls, emails or letters acquiring communications data – the ‘who, when and where’ of communications, such as a telephone billing or subscriber details conducting covert surveillance, either in private premises or vehicles (intrusive surveillance) or in public places (directed surveillance) the use of covert human intelligence sources, such as informants or undercover officers access to electronic data protected by encryption or passwords

Codes of practice and forms

Before a person representing a public authority makes an application under RIPA, they should download and read the appropriate codes of practice.

Codes of practice and guidance for making an application under the Regulation of Investigatory Powers Act (2000).

These help public authorities assess and understand whether and in what circumstances it is appropriate to use covert techniques.

The codes also provide guidance on what procedures need to be followed in each case. All RIPA codes must be approved and debated in both Houses of Parliament and published.

The codes

Guidance on the procedures that must be followed before interception of communications can take place.